Termination of Proceedings (Including Discontinuance)
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance covers the procedures and principles related to the termination of criminal proceedings by the Crown Prosecution Service (CPS). It details methods for terminating cases both before and after conviction, the roles of prosecutors, victims, and police in the process, and outlines the implications of different types of case discontinuance. Additionally, it addresses public interest considerations and the rights of victims under the Victims' Right to Review scheme.
Key points
- Prosecutors must review cases continuously and act on any significant changes.
- Termination should occur at the earliest opportunity, especially if the defendant is in custody.
- There are specific methods and legal grounds for terminating proceedings in both magistrates' and crown courts.
- Victims have the right to seek a review of decisions to terminate cases that conclude all proceedings related to them.
- Discontinuance is preferable for overall case termination to avoid unnecessary court hearings and delays.
Public-interest factors
- Timeliness in terminating proceedings is essential.
- Judicial review is applicable to termination decisions.
- Victims' rights must be respected in termination decisions.
- Public confidence in the prosecutorial process is crucial.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-19. BlueLineHub is independent and not affiliated with the CPS.